HomeMy WebLinkAboutMN-CC-1996-03-06 01
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7 : 00 p.m. March 6 , 1996
PRESENT:
Mayor Cohen
Alderpersons (10) - Johnson, Efroymson, Gray, Hanna, Sams, Thorpe,
Mackesey, Shenk, Blumenthal, Marcham
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Geldenhuys
City Controller - Cafferillo
Deputy City Controller - Thayer
Planning and Development Director - Van Cort
Superintendent of Public Works - Gray
Community Development Administrator - Stevenson
Fire Chief - Wilbur
Acting Police Chief - Barnes
Assistant to Youth Bureau Director - Green
Building Commissioner - Eckstrom
Board of Public Works Commissioner - Reeves
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
MINUTES•
Approval of the Minutes of the December 6, 1995 Common Council
Meeting
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That the Minutes of the December 6 , 1995 Common Council
meeting be approved as published.
Carried Unanimously
Approval of the Minutes of the January 3, 1996 Common Council
Meeting
By Alderperson Johnson: Seconded by Alderperson Thorpe
RESOLVED, That the Minutes of the January 3 , 1996 Common Council be
approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Community Issues Committee
Alderperson Mackesey requested the deletion of Item 17 . 1 , A
Resolution Directing the City Prosecutor' s Office to Compile
Statistical Information on Domestic Violence .
Alderperson Sams stated that this matter will be discussed further
at the Community Issues Committee meeting on March 13 , 1996 .
No Council member objected.
Planning and Economic Development Committee
Alderperson Blumenthal requested that Items 16 . 1 and 16 . 2 be
reversed on the agenda.
No Council member objected.
Youth Award
Alderperson Thorpe announced that the Youth Award for the Fifth
Ward will be postponed until the April Common Council meeting.
No Council member objected.
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March 6, 1996
SPECIAL ORDER OF' BUSINESS:
Public Hearing - To Consider an Ordinance Amending
Section 325-20 Entitled "Off-gtreet Parking" of Chanter 325
Entitled "Zoning" of the City of Ithaca Municipal Code
Resolution to Open Public Hearing
By Alderperson Thorpe : Seconded by Alderperson Gray
RESOLVED, That the Public Hearing to consider an Ordinance amending
Section 325-20 entitled "Off-Street Parking" of Chapter 325
entitled "Zoning" of the City of Ithaca Municipal Code be declared
a
open.
Carried Unanimously
The following people spoke to Council in favor of the intent of the
Ordinance, but felt that several sections were in need of
revisions :
Ms . Betsy Darlington, City of Ithaca
Ms . Jill Brantley, City of Ithaca
Ms . Frances Weissman, City of Ithaca
The following people spoke to Council in opposition of the
Ordinance, but favored revisions :
Ms . Jane A. Schafrik, Town of Ithaca
Mr. Guy Gerard, City of Ithaca
Dr. James Orcutt, City of Ithaca
Resolution to Close Public Hearing
By Alderperson Johnson: Seconded by Alderperson Mackesey
RESOLVED, That the Public Hearing to consider an Ordinance amending
Section 325-20 entitled "Off-Street Parking" of Chapter 325
entitled "Zoning" of the City of Ithaca Municipal Code be declared
closed.
Carried Unanimously
Public Hearing - To Consider an Ordinance Amending Sections 1-1,
325-23 , 325-47 and 331-4 of they City of Ithaca Municipal Code
Regarding Exterior Property Maintenance
Resolution to Open Public Hearing
By Alderperson Johnson: Seconded by Alderperson Shenk
RESOLVED, That the Public Hearing to consider an Ordinance amending
Sections 1-1, 325-23 , 325-47 and 331-4 of the City of Ithaca
Municipal Code Regarding Exterior Property Maintenance be declared
open.
Carried Unanimously
The following persons spoke to Council in support of the proposed
Exterior Property Maintenance Ordinance :
Ms . Tracy Ferrel, City of Ithaca
Ms . Carol Reeves, City of Ithaca
Ms . Betsy Darlington, City of Ithaca
Mr. Guy Gerard, City of Ithaca
Ms . Frances Weissman, City of Ithaca
Ms . Veet Deha, City of Ithaca, suggested several wording amendments
to the composting section of the proposed ordinance . She further
stated that if food waste composting is not done correctly, it
could pose the danger of increased attraction of rats and vermin.
The following persons spoke to Council in opposition to the
Exterior Property Maintenance Ordinance :
Mr. Charles Elliott, City of Ithaca too
Ms . Elizabeth Dissin, City of Ithaca
Ms . Patricia Lengermann, City of Ithaca
Mr. Tim Allen, City of Ithaca
Ms . Jill Brantley, City of Ithaca
Mr. Scot Raynor, City of Ithaca
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March 6, 1996
Resolution to Close Public Hearing
By Alderperson Efroymson: Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to consider an Ordinance amending
Sections 1-1, 325-23 , 325-47 and 331-4 of the City of Ithaca
Municipal Code Regarding Exterior Property Maintenance be declared
closed.
Carried Unanimously
MAYOR' S APPOINTMENTS:
Bicycle Advisory Council
Mayor Cohen requested Council approval for appointment of David
Kreinick to the Bicycle Advisory Council, with a term to expire
December 31, 1998 .
Resolution
By Alderperson Johnson: Seconded by Alderperson Shenk
RESOLVED, That this Council approves the appointment of David
Kreinick to the Bicycle Advisory Council, with a term to expire
December 31, 1998 .
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Ithaca Landmarks Preservation Commission Re-appointment
Ms . Mary Raddant Tomlan, City of Ithaca, addressed Council
regarding the re-appointment of Michael Cannon to the Ithaca
Landmarks Preservation Commission. She also read letters of
support for the re-appointment from Stephen Somogy and Robert
Doherty.
Route 96 DoT Project/Buffalo Street
Ms . Cynthia Yahn, City of Ithaca, speaking on behalf of the
residents and business owners on the 600 block of Buffalo Street,
thanked Council for helping to mitigate the consequences of the
Route 96 DoT project by approving a parking lot . The neighborhood
will lose their on-street parking in May. Negotiations for the
site of the parking lot are ongoing, and the issue of residential
parking permits still needs to be resolved. Ms . Yahn requested
assistance from the City to negotiate with DoT and Santoro, to
allow the residents to park on the street at night in the places
that aren' t current construction sites .
Public Speakers Before Council
Ms . Elizabeth Dissin, City of Ithaca, spoke to Council regarding
the practice of having a speaker state their address publicly. She
suggested that the speakers be instructed to write their addresses
for the record on the sign in cards, and only state publicly the
municipality in which they reside in.
RESPONSE TO PUBLIC:
Alderpersons Shenk, Johnson, Blumenthal, Marcham responded to
concerns raised in regards to the Off-street Parking and the
Exterior Property Maintenance Ordinances .
Alderperson Efroymson urged Council to work with the Buffalo Street
residents to find solutions to the interim parking problems .
Alderperson Hanna encouraged Council to accept Ms . Dissin' s
suggestions regarding speakers announcing their addresses publicly.
RECESS:
Common. Council recessed at 8 : 45 p.m. and reconvened in regular
session at 9 : 00 p.m.
REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported on the following items :
The Board passed a resolution recommending the passage of B&A Item
19 .4 - Request to Temporarily Reduce Support Staff Hours/Water &
Sewer Dept .
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The Board passed 'a resolution denying a request from Alpha Sigma
Phi Fraternity to remove the parking meters in the 800 block of
Stewart Avenue . The request was ]based on the Fraternity' s lack of
off-street parking and difficulties incurred as a result of their
driveway layout . A review of the parking meter revenues has been
scheduled for September.
The Board passed a resolution recommending an amendment to Section
320-4 entitled "Prohibited Activities" of the City of Ithaca
Municipal Code . This section currently prohibits rock and ice
climbing in the Six Mile Creek gorge area, and the Board is
recommending that an exception be made to allow certain activities
under the direct supervision of the Youth Bureau, and the Ithaca
Fire Department .
COMMUNICATIONS FROM THE MAYOR:
Proclamations for the Month of March 1996
Mayor Cohen announced the following proclamations :
Ithaca Tompkins County Trails Week - March 7 -13 , 1996
Tibetan National Day - March 10, 1996
Eva Dougan Day - March 12 , 1996
Mayor Cohen stated that he received a letter from Yarrow Nelson
supporting some of the initiatives that the City has taken in
regards to bicycles .
Mayor Cohen further stated that he received a letter from Mary
Johns expressing her appreciation to Peter Dieterich and Linda
Jain, from the Building Department, for their assistance .
REPORT OF THE CITY ATTORNEY:
East Coast Development Case
City Attorney Geldenhuys noted that the Judge upheld the Planning POW
Board' s decision to deny the application of East Coast Development
for WalMart on the Elmira Road site.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
An Ordinance Amending Section 325-20 Entitled "Off-Street Parking"
of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal
Code
By Alderperson Blumenthal : Seconded by Alderperson Hanna
ORDINANCE 96-3
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows :
Section 1 . That the current Section 325-20 entitled "Off-street
parking" of Chapter 325 Entitled "Zoning" of the City of Ithaca
Municipal Code be deleted in its entirety and replaced with the
following new Section 325-20 :
§ 325-20 . Off-street parking.
A. Purpose and Intent . The intent of this section is to regulate
uniformly the development of off-street parking for both public and
private uses .
The following regulations are designed to provide adequate parking
and safe vehicle movements while minimizing any detrimental effects two I
to adjacent properties, to surrounding neighborhoods and to the
environment .
B . Applicability. Except as specified in Section 325-8 , the
"District Regulations Chart, " Section 325-20 shall, after the
effective date, govern the creation or expansion of all off-street
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March 6 , 1996
parking areas . The creation or expansion of certain larger off-
street parking areas is also subject to Site Development Plan
Review. (See Chapter 276 for the applicability of Site Development
Plan Review. ) Section 325-20 shall also govern the maintenance of
all off-street parking areas .
C. General requirements .
(1) General standards for all off-street parking areas .
(a) Required maintenance . So long as they remain in use as such,
all parking areas and associated driveways and vehicle maneuvering
areas as well as any required screening, plantings and drainage
systems must be maintained to preserve their intended function and
to prevent nuisances or hazards to people, surrounding properties
and public ways . Any planting required by the provisions of this
section (such as planting for the purpose of screening or shading)
that dies, or in the opinion of the City Forester becomes too
unhealthy to serve its intended function, shall be replaced at the
earliest occurring suitable planting season by healthy planting
that satisfies the provisions of this section.
(b) No refuse or litter. All parking areas, including associated
driveways, vehicle maneuvering areas and interior or peripheral
planting areas, must be kept free of refuse or litter.
(c) Clear boundaries . All parking areas, including associated
driveways and vehicle maneuvering areas, shall have clearly defined
boundaries . A clearly defined boundary shall mean, at a minimum,
the existence of a distinct edge to the material used to pave the
parking area, such that the yard area where parking is permitted is
clearly distinguished from the yard area where parking is not
permitted.
(d) Drainage. All newly constructed or enlarged parking areas,
including associated driveways and vehicle maneuvering areas, shall
have adequate provisions to prevent surface or runoff water from
draining to or across adjoining properties during, at a minimum, a
two-year (2 year) storm event . Storm water runoff shall not be
designed to flow across any public sidewalk as a primary method of
delivering the runoff to a storm water facility. All drainage
systems in existing parking areas shall be maintained in good
working order.
(e) Street permits . No curb cut, driveway entrance and/or drainpipe
in the street right-of-way shall be built unless a street permit
has first been obtained from the City Engineer.
(f) Combined curb cuts . Driveways on adjacent lots may be side by
side and should be combined whenever possible .
(g) City tree removal . There shall be no removal of any tree
located on City property unless approval has first been granted by
the City Forester.
(h) Certificates of Appropriateness . Any proposed parking
development in areas under the jurisdiction of the Ithaca Landmarks
Preservation Commission must obtain a Certificate of
Appropriateness from the Commission before a building permit can be
issued.
(i) Building permits required. In all zoning districts, no parking
area may be constructed, added to or altered (except for routine
repairs in kind or other minor alteration of an existing parking
area that do not change the parking area' s size, capacity or
configuration) until a building permit therefor has been issued by
the Building Commissioner.
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All such building permits shall be in accordance with this
chapter' s requirements .
(2) Parking space size requirements .
(a) Parking space size requirements for parking areas with ten (10)
or fewer parking spaces .
[1] For such parking areas, a parking space shall have a minimum
dimension of eight (8) feet by eighteen (18) feet, exclusive of
passageways, maneuvering space and driveways appurtenant thereto r
and giving access thereto. The edge of the parking space pavement
may be up to two (2) feet inside the outermost line of the parking
space where unobstructed vehicle overhang is available. All parking
spaces shall have adequate access .
(b) Parking space size requirements for parking areas with eleven
(11) or more parking spaces .
[1] Driveway aisles . In residential zoning districts, one-way
driveway aisles shall have a minimum width of ten (10) feet . In
non-residential zoning districts, one-way driveway aisles shall
have a minimum width of twelve (12) feet . In all zones two-way
driveway aisles shall have a minimum width of twenty (20) feet and
a maximum width of twenty-four (24) feet .
[2] Perpendicular parking. For parking perpendicular to the
driveway aisle, parking spaces shall be eight (8) feet six (6)
inches by eighteen (18) feet . The edge of the parking space
pavement may be up to two (2) feet inside the outermost line of the
parking space where unobstructed vehicle overhang is available .
[3] Parallel parking. For parking parallel to the driveway aisle,
parking spaces shall be eight (8) feet six (6) inches by twenty ,..�
(20) feet .
[4] Angle parking. For angle parking, a standard parking space
shall have a minimum area of two hundred fifty five (255) square
feet, the length of which shall be measured, at the same angle of
parking, from the center of the outermost edge of the parking space
to the center line of the driveway aisle giving access to the
parking space . The edge of ,the parking space pavement may be up to
two (2) feet inside the outermost line of the parking space where
unobstructed vehicle overhang is available . (See illustration)
(c) Possible variation from above standards under Site Development
Plan Review. The Planning and Development Board may, at its
discretion, allow parking space sizes that vary from the above
standards in those instances where Chapter 276 , Site Development
Plan Review, applies .
(d) Parking for people with disabilities . For parking for people
with disabilities the combined width of parking and loading aisle
shall be in compliance with the New York State Uniform Fire
Prevention and Building Code .
(3) Access requirements .
(a) Maximum driveway grades . Driveways to areas containing parking ,ter
spaces for four (4) or more vehicles shall be graded to form a
street entry with a maximum grade of eight (8) percent for a
distance of twenty five (25) feet from the curb line. (See
illustration)
(b) Clear access . All parking spaces shall have access to the
street, and access drives to parking areas for four or more cars
shall be kept clear and open to the street at all times .
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(4) Location requirements .
(a) All parking spaces provided pursuant to this section shall be
on the same lot as the building, use or activity that they serve,
except that off-street parking applicable to the amounts specified
by this chapter of the Code may be provided on one or more lots
other than that on which the building, use or activity is located,
provided that all of the following conditions are met :
[1] Off-site parking for non-residential uses, except retail uses,
may be provided within seven hundred fifty (750) feet along public
pedestrian thoroughfares, measured from property line to property
line .
[2] Off-site parking for residential uses may be provided within
one thousand (1000) feet along public pedestrian thoroughfares,
measured from property line to property line .
(3) Off-site parking for retail uses may be provided within two
hundred fifty (250) feet along public thoroughfares measured from
property line to property line .
[4] All off-site parking areas must be located in a zoning district
in which the building, use or activity that the off-site parking is
intended to serve is a permitted use .
[5] All land which is used to provide off-site parking must be
restricted to that use only, for as long as the building is
occupied by the use which requires off-street parking or until
substitute parking, approved by the Building Commissioner, is
provided. Evidence of such off-site parking shall be provided in
the form of a recorded covenant, long-term lease or comparable
document that is approved by the Building Commissioner.
(5) Number of parking spaces required.
(a) Parking spaces required for specific uses . Off-street parking
spaces shall be provided and maintained in accordance with section
325-20 (C) (1) by the property owner for each use or building which
is a newly established, erected, or enlarged after the effective
date of this ordinance [March 6 , 19961 , as specified in the
following chart :
Use' Spaces Required'
Adult day-care home or group 1 for client use, plus 1 per 2
adult day-care facility. supervisory staff or employees
not residing on the premises .
Cooperative household. 1 per 2 persons housed.
Dormitory. 1 per 4 persons housed.
Dwelling unit . 1 per 3 bedrooms or sleeping
rooms or part thereof, plus 1
per 2 additional bedrooms or
sleeping rooms or part thereof,
plus 1 per additional bedroom or
sleeping room in excess of 5
such rooms .
Fraternity, sorority or group 1 per 2 persons housed.
house .
Rooming or boarding house . 1 per 3 persons housed.
Auditorium or theater. 1 per 5 seats .
Bar, tavern or restaurant . 1 per 50 square feet of net
floor area of the assembly
space .
Bed-and-breakfast home or 1 per guest room. ["'
bed-and-breakfast inn.
Bowling alley. 2 per bowling lane .
Church, funeral home or 1 per 10 seating spaces .
mortuary.
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Fitness center or health club. 1 per 5 persons allowed as
determined by the maximum
occupancy load.
Hospital or nursing or 1 per 5 patient beds .
convalescent home .
Hotel or motel . 1 per guest room.
Medical or dental office . 1 per 250 square feet of net
assignable floor area.
Nursery school, child day-care 1 per 2 employees plus 1 per 15 ""
center or private elementary or pupils enrolled.
secondary school .
Office or bank. 1 per 250 square feet of net
assignable floor area.
Retail store or neighborhood 1 per 500 square feet of net
commercial facility. assignable floor area.
Wholesale or industry. 1 per 2 employees on maximum
work shift .
Boat launch. 8 per ramp.'
Boat storage or repair. 1 per 2 employees on maximum
shift .
Boatel . 1 per 2 sleeping rooms .
Marina. 1 per 4 berths .
Yacht club. 1 per 4 member families .
NOTES TO ABOVE CHART:
1 In the case of mixed use of a building or property, the space
requirements shall be computed for each use, and the total
requirements for all uses shall be provided in accordance with this
section.
2 See also the District Regulations Chart .
3 Unless the Zoning Board of Appeals, upon consideration of all
relevant factors, including but not limited to the easy
availability of on-street parking or the expectation that a lesser
parking requirement will meet the parking needs of the use,
determines during consideration of the bed-and-breakfast home or
bed-and-breakfast inn special permit that a lesser off-street
parking requirement is appropriate and will not have a negative
impact on the surrounding neighborhood.
4 Boat launching ramps shall maintain seventy five (75) percent of
their parking spaces at a size of ten by forty (10 x 40) feet to
accommodate boat trailers . Consult the New York State Parks and
Recreation Department on space requirements for maneuvering.
(b) Physical character of parking spaces . Each parking space
provided to satisfy the requirements of the above chart shall be
even-surfaced and internally unobstructed by structures, walls,
landscape elements or other obstructing features, except that low
curbs or wheel stops may be located within or adjoining a space if
they do not impede vehicular access to or egress from the parking
space .
(c) Counting of end-to-end parking spaces . When determining the
number of off-street parking spaces provided to fulfill the number omw
of off-street parking spaces required for a use, no more than one
pair of end-to-end parking spaces shall be counted, unless all
spaces have adequate maneuvering space or direct street access .
This is not to prevent the use of a parking area for more than a
single pair of end to end parking spaces if conditions warrant .
(d) Shared parking. In a case where two or more establishments on
the same lot, or on lots meeting the distance requirements found in
Section 325-20 .C. (4) (a) of this section, have substantially
different operating times, the Building Commissioner (or, in the
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case of a project subject to Site Development Plan Review, the
Planning and Development Board) may approve the joint use of
parking spaces, provided the Building Commissioner or the Board
finds that the intent of the requirements of Section 325-20 is
fulfilled by reason of variation in the probable time of maximum
use by patrons and employees among such establishments .
D. Parking in front yards .
(1) In all residential districts, all front yard parking within
fifteen (15) feet of the front property line is restricted to a
motor vehicle orientation that is within ten (10) degrees of
perpendicular to the street . (See illustration below. )
(2) In all residential districts, parking in the front yard of lots
which have a width at the street line of fifty (50) feet or less
shall be restricted to parking within a driveway that is
perpendicular to the street, or that is within ten (10) degrees of
perpendicular to the street . Such driveway shall not be more than
twelve (12) feet wide for the portion that passes through the front
yard. (See illustration below. )
(3) In all residential districts, parking in the front yard of lots
which have a width at the street line of more than fifty (50) feet
shall be restricted to an area not greater than twenty-five (25)
percent of the total area of the front yard, including turnaround
and other vehicle maneuvering areas and driveways leading to
garages and parking areas . (See illustration below. )
(4) In all districts, on corner lots with more than one front yard
as defined in this Code, front yard parking according to the above
provisions shall only be permitted on one of the front yards .
(5) In all districts, where a parking area will use a front yard,
the use of the front yard for parking and associated maneuvering
space shall not exceed the amounts permitted by this section. Any
permitted front yard parking area shall have a clearly defined
boundary as required by Section 325-20 .C. (1) (c) ; and the remainder
of the front yard shall be landscaped in keeping with the
surrounding neighborhood.
(6) In all districts, when a parking area is established on a lot
that does not contain a building, an area equivalent to the front
yard that would be required if a building did stand on the site
shall be kept free of parking (except for an access drive to the
parking area) . The area equivalent to the front yard that would be
required if a building did stand on the site shall be landscaped in
keeping with the surrounding neighborhood and shall be separated
and protected from the parking area by a suitable fence or safe
barrier. (See the more detailed screening requirements described
below for parking areas within residential zoning districts . )
E. Requirements for new or enlarged parking areas that park a total
of four (4) or more cars on lots within residential zoning
districts :
(1) General requirements .
(a) Required permits . Plans for any new parking area for four (4)
or more cars on a lot within a residential zoning district--or
plans for the addition of one or more parking spaces to an existing
parking area within a residential zoning district, such that the
resulting parking area will park four (4) or more cars--must be
submitted to the Building Commissioner for the required building
permit . Proposed parking development in areas under the
jurisdiction of the Ithaca Landmarks Preservation Commission must
also obtain a Certificate of Appropriateness from the Commission
before a building permit can be issued. A street permit for a
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driveway entrance and curb cut and/or drainpipe in the street
right-of-way shall be obtained fr m the City Engineer.
(b) Screening. The entire parking area, except entrances and
exits, shall be screened from public ways and adjacent properties .
Screening devices shall be at least four (4) feet high, except
where they are within ten (10) feet of the entrance or exit .
Screening may consist of hedge planting, walls, fences, trellises,
or a compatible combination of these elements . Screening is not
required where the parking area is screened from the view of
adjoining properties by buildings or other accessory structures
located on the same parcel as the parking area. Similarly,
screening is not required where huildings or accessory structures
without windows or other openings facing the parking area or other
such screening devices exist on neighboring parcels and effectively
screen the parking area. However upon removal of said building,
accessory structure or other such screening device by the adjoining
property owner, the required scr ening shall be installed within
one (1) year.
[1] Planting for the purpose of screening. Planting for the purpose
of screening shall reasonably be expected to form a year-round
dense screen at least four fee high within two years of the
initial planting. Planting area shall be curbed or otherwise
protected from vehicle damage o the parking area sides, be at
least five (5) feet wide, and ha e a minimum three (3) foot deep
excavation prior to planting.
[2] Fences and walls for the purpose of screening. Fences for the
purpose of screening must be sufficiently opaque, whether alone or
in combination with planting or other design elements, to function
as an effective visual barrier. walls for the purpose of screening
must be compatible in scale, texture and color with surrounding
structures .
(c) Access . The portion of access drives extending from the street
to the sidewalk, or to the property line if no sidewalk exists,
must be hard-surfaced with concrete, brick, asphalt or other
approved material, as required by the City Engineer. Drives must be
at least eight (8) feet wide, and have clear visibility to the
street . Any required screening m st be so designed that it shall
not interfere with sight lines necessary for pedestrian and driver
safety.
(d) Drainage. Surface or runoff water must be collected and
transmitted or piped to the nearest storm sewer or, if a storm
sewer is not available, then through underground piping to the
street gutter, or provisions shall be made for storm water
retention or recharge . Storm w ter drainage systems, including
their connections to public storm water facilities, shall be in
accordance with this Code, and slaall be subject to approval by the
City Engineer. The minimum size of any pipe installed to deliver
runoff to a storm sewer shall be twelve (12) inches in diameter.
when conditions warrant, the City Engineer may require installation
of a sump in the last structure in a parking area runoff collection
system prior to the delivery of s orm water to a public storm water
facility. Installation, maintenance and repair of any pipe
delivering storm water to a public storm water facility shall be
the responsibility of the pro erty owner. Such installation,
maintenance and repair within a ublic right-of-way shall only be
performed with the written permi Sion of the City Engineer.
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(e) Surface . The surface of the parking area and that portion of
the access drive which is not included in item (c) above shall
conform to generally accepted standards and shall at a minimum be
a maintainable surface which will. support the sustained loads . The
surface shall be such as to minimize erosion and be graded to
prevent drainage of surface wate from the parking area and access
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March 6 , 1996
drives onto adjacent properties, sidewalks or streets under normal
conditions . Acceptable surface materials include crushed stone,
brick, concrete, asphalt or similar materials .
(f) Maintenance . The landscaping or other elements used to comply
with Section 325-20 .E. shall be maintained, replaced, or pruned as
required to fulfill this section' s standards, including provision
of the required screening and compatibility with the surrounding
residential neighborhood.
(2) Compliance methods . Plans for parking areas for four (4) or
more cars within residential zoning districts must conform with
either the "Setback compliance method" or the "Landscaping
compliance method" described respectively in subparagraphs (a) and
(b) below. Such plans must also comply with all other general and
specific standards of Section 325-20 .
(a) Setback compliance method. Parking areas using the "setback
compliance method" shall conform to the following standards :
[1] Setbacks . The parking area shall be located a minimum distance
of five (5) feet from any side or rear interior lot line . These
setbacks shall not apply to any driveway up to twelve (12) feet in
width that provides access for vehicles .
[2] Maximum yard coverage . The parking area, excluding any driveway
up to twelve (12) feet in width that provides vehicle access to a
street, but including all other turn-around and vehicle maneuvering
areas associated with parking, shall not cover more than fifty (50)
percent of any side or rear yard.
(b) Landscaping compliance method. A plan for a parking area using
the "landscaping compliance method" shall be submitted to the
Planning and Development Board for review, unless the proposed site
is under the jurisdiction of the Ithaca Landmarks Preservation
Commission, in which case the plan shall be submitted instead to
the Commission for review. The Board may designate a member of the
Department of Planning and Development to approve such a parking
area on its behalf . The required building permit shall not be
issued until a plan approved by either the Board, the Board' s
designee or the Commission, as appropriate in each case, is on file
in the Building Department . The reviewing body may, at its
discretion, approve a parking area that covers more than fifty (50)
percent of any side or rear yard, if the reviewing body finds that
mitigating factors such as, but not limited to, the following
exist :
[1] Natural land forms or tall vegetation provide significant
shielding of views toward the parking area from the street and/or
adjacent properties .
[2] The configuration of the parking area protects and preserves
existing healthy and mature vegetation, especially trees over eight
(8) inch DBH (diameter at breast height) .
[3] One or more curbed and landscaped planting areas are provided
within the parking area. Any such interior planting area shall be
a minimum of eighty (80) square feet with no dimension being less
than eight (8) feet .
[4] The parking area will be substantially shaded by existing
woodland or canopy trees, or the parking area plans call for the
planting of trees of a species that, at maturity, will provide
canopy shading. Trees currently or prospectively providing such
shade may be located around the periphery of the parking area or in
interior planting areas . Any such interior planting area
accommodating such canopy trees shall be a minimum of eighty (80)
11
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March 6, 1996
square feet with 'rio dimension berg less than eight (8) feet . Such
interior planting areas shall be curbed and have a minimum three
(3) foot deep excavation prior tc planting.
[5] All property owners using the landscaping compliance method
must notify surrounding property wners by placing a notice at the
project site in the form prescribed by the Planning and Development
Board or the Ithaca Landmarks Preservation Commission as
appropriate . Sam.
F . Parking areas on lots in non-re idential zoning districts . Plans
shall be submitted for any employee, customer and/or public parking
area on a lot in a nonresidential zoning district, or for a
residential parking area for four (4) or more cars on a lot in a
non-residential zoning district, or the required building permit .
The plans shall conform to the fol owing regulations and standards,
in addition to all other applica le portions of Section 3 25-20 :
(1) Access . The portion of access' drives extending from the street
to the sidewalk, or to the property line if no sidewalk exists,
must be hard-surfaced with concrete, brick, asphalt or other
approved material as required by he City Engineer. Drives must be
at least ten (10) feet wide, and have clear visibility to the
street . Edges of access drives shall be readily visible, and
divisions between lanes on mul�i-lane access drives shall be
marked.
i
(2) Required front yard. Fron yards shall conform to the
requirements of the district in which the parking lot is located.
(3) Drainage . Runoff water must be collected and transmitted or
piped to the nearest storm sew r or, if a storm sewer is not
available, then through undergrou id piping to the street gutter, or
provisions shall be made for storm water retention or recharge. Now
Storm water drainage systems, including their connections to public
storm water facilities, shall be in accordance with this Code, and
shall be subject to approval by the City Engineer. The minimum size
of any pipe installed to deliver runoff to a storm sewer shall be
twelve (12) inches in diameter. Torhen conditions warrant, the City
Engineer may require installation of a sump in the last structure
in a parking area runoff collection system prior to the delivery of
storm water to a public storm water facility. Installation,
maintenance and repair of any p 'pe delivering storm water to a
public storm water facility shall be the responsibility of the
property owner. Such installation, maintenance and repair within a
public right-of-way shall only be performed with the written
permission of the City Engineer. '
(4) Surface . The surface of the parking area and that portion of
the access drive which is not in luded in item (1) above [in the
public right-of-way] shall conform to generally accepted standards
and shall at a minimum be a maintainable surface which will support
the sustained loads . The surface shall be such as to minimize
erosion and be graded to prevent drainage of surface water from the
parking area and access drives onto adjacent properties, sidewalks
or streets under normal conditions . Acceptable surface materials
include crushed stone, brick, concrete, asphalt or similar
materials .
(5) Parking areas on non-residential zoning district lots when such
lots are contiguous to residentia zoning district lots . A parking
area on a nonresidential zoning district lot when such lot is
contiguous to a residential zoning district lot shall be screened
from the residential zoning district lot by a solid fence or wall
at least six (6) feet high, except within ten (10) feet of the
parking area' s entrance or exit . Such fence or wall shall be
protected by wheel stops that pre ent cars from damaging the fence
or wall . Such screening is not required where the parking area is
l�
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13
March 6, 1996
screened from the view of' the adjoining residential property by a
building or other accessory structure located on the same parcel as
the parking area. Similarly, such screening is not required where
a building or accessory structure without windows or other openings
facing the parking area or other such screening device exist on
adjoining residential parcels and effectively screen the parking
area.
However, upon removal of said building, accessory structure or
other such screening device by the adjoining property owner, the
required screening shall be installed within one (1) year.
Section 2 . Current Municipal Code Section 325-39, entitled
"Neighborhood and private parking area permits, " shall be deleted
in its entirety, and current Sections 325-40 through 325-48 shall
be renumbered respectively as Sections 325-39 through 325-47 .
Section 3 . Severability. If any clause, sentence, paragraph,
section, or part of this ordinance shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph,
section, or part thereof directly involved in the controversy in
which such judgment shall have been rendered.
Section 4 . This ordinance shall take effect immediately in
accordance with law upon publication of a notice as provided in the
Ithaca City Charter.
Discussion followed on the floor with Building Commissioner
Eckstrom answering questions from Council members regarding shared
driveway provisions, required parking, and driveway aisles .
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Thorpe
RESOLVED, That Section C (2) (b) [1] , Driveway Aisles, be amended to
change the required minimum width of a one-way driveway, in
residential zones, to eight (8) feet .
A vote on the amending resolution resulted as follows :
Ayes (2) - Efroymson, Mackesey
Nays (8) - Johnson, Hanna, Marcham, Blumenthal, Shenk, Gray,
Thorpe, Sams
Motion Fails
MAIN MOTION:
A vote on the Main Motion resulted as follows :
Ayes (9) - Efroymson, Sams, Shenk, Blumenthal, Hanna, Gray,
Johnson, Mackesey, Marcham
Nay (1) - Thorpe
Carried
* 16.1 An Ordinance Amending Sections 1-1, 325-23 325-47 and 331-4
of the City of Ithaca Municipal Code Regarding Exterior Property
Maintenance
This Agenda Item was referred back to the Planning and Economic
Development Committee for further review.
* 16 . 3 Sale of City Hall Annex by Ithaca Urban Renewal Agency
By Alderperson Blumenthal : Seconded by Alderperson Hanna
WHEREAS, the Common Council authorized the Ithaca Urban Renewal
Agency (IURA) to sell the City Hall Annex, and
13
I
March 6, 1996
WHEREAS, the IURA issued a request for purchase proposals that
included the following three criteria:
1 . Purchase price.
2 . Proposed reuse of the proper :y in terms of its benefit to the
surrounding area.
3 . Capability of the sponsor to carry out the proposed project;
and
WHEREAS, Bruno and Cathleen Sc ickel submitted a proposal that
offered a reasonable price, outlined an acceptable proposed reuse
for the property and demonstrated both financial and technical
capability to complete the project, and
WHEREAS, the IURA is recommendi g that the Annex be sold to the
Schickels; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca approves Bruno
and Cathleen Schickel as qualified and eligible sponsors in
accordance with the established lules and procedures prescribed by
the Ithaca Urban Renewal Agency, and be it further
RESOLVED, That 1) Common Council of the City of Ithaca authorizes
acceptance of the proposal; 2) this acceptance is in accordance
with the approved disposition program for project land and
furtherance of the Ithaca Urban Renewal Plan; and 3) the sponsor
possesses the qualifications and financial resources necessary to
meet the objectives of the Ithaca Urban Renewal Plan for the
disposition of land in questicin under the disposition method
selected by the Ithaca Urban Renewal Agency.
Carried Unanimously
* 16 .4 Traffic Calming - Referral to Board of Public Works
Committee for Traffic Issues
By Alderperson Blumenthal : Seco ded by Alderperson Thorpe
WHEREAS, the Planning & Development Department was directed by the
Common Council to study alternatives for traffic calming, and
WHEREAS, a report cataloging tra fic control devices and programs
has been submitted to the Planning and Economic Development
Committee, and
WHEREAS, the City' s Task Force or. Traffic Issues has submitted its
report to Common Council, and
WHEREAS, that report has been ad pted by the Common Council; now,
therefore, be it
RESOLVED, That the issue of traf is calming be referred to the BPW
Committee for Traffic Issues, and be it further
RESOLVED, That the Committee fo Traffic Issues be requested to
report back to the Common Council Planning and Economic Development
Committee regarding possible 1 cations for the installation of
prototype traffic calming devices .
Discussion followed on the floor regarding staffing shortages and *"
the increased workload in the En ineering Department .
A vote on the resolution resulted as follows :
Ayes (9) - Blumenthal, Thorpe, Mackesey, Sams, Gray,
Shenk, Johnson, Efroymson, Marcham
Nay (1) - Hanna
Carried
4
15
Larch 6 , 1996
Cliff Street Parking Lot - Report
Alderperson Blumenthal reported that the Cliff Street residents
have requested that the City construct a public parking area at
701-705 Cliff Street . She further noted that with the increased
development of West Hill , the parking pressures will increase in
that area. The parking lot would accommodate approximately sixteen
cars which would require the demolition of two houses which are in
relatively poor condition. The project would also include a path
which would lead from Cliff Street to Cass Park. Planning
Department staff is developing cost estimates with the aGsistance
of one of the contractors of the Route 96 project . Fill is
currently available from the Route 96 project which would reduce
the cost of the lot substantially.
City Environmental Quality Review Ordinance - Report
Alderperson Blumenthal noted that new regulations were passed in
January 1996 that amended the State Environmental Quality Review
Act (SEQR) and staff needs to review the City' s CEQR law to see if
revisions are required to conform to State law.
Alderperson Blumenthal noted that a comparison of these documents
is a relatively large project and will take a several weeks to
complete . Planning staff has recommended hiring a summer intern to
make those comparisons, prepare a report and draft appropriate
recommendations and options .
Alderperson Blumenthal further noted that the Planning and Economic
Development Committee will be reviewing the work of the Ithaca
Landmarks Preservation Commission at the April meeting. The new
SEQR excludes environmental review for the designation of historic
properties and for historic preservation permits . The City' s CEQR
currently requires environmental reviews, and the committee will be
discussing whether or not to conform with State law.
16.7 Community Reinvestment Act - _ Report
Alderperson Blumenthal reported that a three-person community group
has met three or four times with representatives from M&T Bank.
Jeff Furman, Chair of the committee, has reported that are
approximately twenty-five items that M&T Bank agreed to institute .
Some of the items have been addressed and resulted in modest gains,
and other items have required additional work and the results have
been disappointing. Mr. Furman believes that a distinction needs
to be made between fulfilling the agreement, and meeting the
community' s needs . Although M&T Bank has fulfilled the terms of
the agreement, more needs to be done by both M&T and other
financial institutions . A report has been submitted to the
Planning and Economic Development Committee which details the
specific items and results of the agreement .
LAW AND GOVERNANCE COMMITTEE:
* 18 . 1 An Ordinance Amending Chapter 90 Entitled "Personnel" of
the City of Ithaca Municipal Code
By Alderperson Efroymson: Seconded by Alderperson Gray
Ordinance No. 96-4
An ordinance amending Chapter 90 entitled "Personnel" of the City
of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows :
Section 1. That Chapter 90, entitled "Personnel" of the City
of Ithaca Municipal Code is amended as follows :
15
March 6 , 1996
1 . That Subdivision D of Section 90-67 entitled Police
Personnel is hereby amended to read as follows :
"D. - Police Personnel below the rank of Police Chief" .
Section 2 . This Ordinance shall take effect immediately in
accordance with law upon publication of notices as provided in the
Ithaca City Charter.
Discussion followed on the floor regarding residency requirements
for Police Department personnel .
A vote on the resolution resulted as follows :
Ayes (8) Efroymson, Johnson, Shenk, Hanna, Mackesey,
Gray, Marcham, Blumenthal
Nay (1) - Thorpe
Abstention (1) - Sams Carried
*18 .2 Resolution to Authorize intermunici al Cable Television
Commission to Request Proposals to Provide Cable Communication
Service in Tom kins Count and o Negotiate Toward a Franchise
Agreement With a Cable Service Provider
By Alderperson Efroymson: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca recognizes the advantage of cooperation
with other municipalities with regard to cable franchise issues,
and
WHEREAS, the Tompkins County Intermunicipal Cable Television
Commission has been formed pursuant to Article 5-G of the New York
State General Municipal Law for the purpose of advising
municipalities on matters pertaining to cable television
franchising and service, and holding public hearings when and where
appropriate, all in order to promote the provision of good cable A
television service at reasonable rates to the residents of Tompkins
County, and
WHEREAS, the City of Ithaca is a member of the Tompkins County
Intermunicipal Cable Television Commission; now, therefore, be it
RESOLVED, That the City of Ithaca does hereby authorize the
Tompkins County Intermunicipal Cable Television Commission to
request proposals to provide cable communications service in
Tompkins County and to 'negotiate toward a franchise agreement with
a cable service provider, including conducting such public hearings
as the Commission deems appropriate, reserving however to the City
of Ithaca the ultimate approval, disapproval or amendment of the
franchise agreement so negotiated, and be it further
RESOLVED, That the Commission is hereby authorized to obtain from
Time Warner on behalf of the City of Ithaca such information as the
Commission deems appropriate, and this resolution shall be deemed
the specific instruction and direction of the City of Ithaca to
Time Warner to provide such information as the Commission, as agent
of the City of Ithaca, may request .
Carried Unanimously
*
18 .3 Resolution in Support of Funding Restoration for NYS
Occupational Safetv and Health Training and Education Program NNW
By Alderperson Efroymson: Seconded by Alderperson Gray
WHEREAS, in 1985, the New York State Legislature passed legislation
creating the Occupational Safety and Health Training and Education
Program (OSHTEP) with the intent of reducing and preventing
workplace injury and illness, and
WHEREAS, OSHTEP is funded through a small surcharge on Workers'
Compensation premium payments and is not funded through taxpayer
based revenues, and
16
1.7
March 6 , 1996
WHEREAS, Governor Pataki, in his 1996-97 budget has proposed to
eliminate OSHTEP and divert Workers' Compensation surcharge funds
for the purpose of maintaining Department of Labor Regulatory
programs, and
WHEREAS, employees of the City of Ithaca and City of Ithaca
residents have benefitted from occupational health and safety
training provided through the Labor Coalition/Midstate Central
Labor Council, AFL-CIO' s OSHTEP funded health and safety program,
and
WHEREAS, OSHTEP is the only funding source available for
occupational health and safety training in New York State and such
training will not be available to workers and employers should
OSHTEP be eliminated; now, therefore, be it
RESOLVED, That :
1 . The City of Ithaca calls on Governor Pataki and the State
Legislature to restore OSHTEP funding to, at minimum, its
current level of 7 million dollars per year.
2 . The City of Ithaca further calls on Governor Pataki and the
State Legislature to maintain regular Department of Labor
functions as part of the general budget and to cease pitting
these functions against the OSHTEP Program.
3 . That the City Clerk be directed to send copies of the
foregoing resolution to Assemblymen Luster and Silver,
Senators Bruno and Seward, Governor Pataki, NYCOM, and Chuck
Wynn at the Labor Coalition/Midstate Labor Council, AFL-CIO.
Carried Unanimously
* 18.4 Resolution to Agree to Proposed Compensation Program
Regarding the County Solid Waste and Recycling Facility
By Alderperson Efroymson: Seconded by Alderperson Shenk
WHEREAS, the City of Ithaca raised significant opposition to the
location of the Recycling and Solid Waste Center on the Commercial
Avenue site, and
WHEREAS, an agreement was reached that permitted the County to
proceed with its plan, and
WHEREAS, one of the conditions of that agreement stated that the
Coulaty, subject to approval by the City, would adopt a formal
program under which property and business owners would be
compensated for the negative impacts, in any, of the new facility,
and
WHEREAS, despite much original opposition to the siting of the
facility in its present location, the operation seems to have been
successful in mitigating the impacts of such a facility, and
WHEREAS, the County' s Neighborhood Advisory Committee for the
Recycling and Solid Waste Center, consisting of residential and
commercial representatives as well as elected County and City
officials, has worked for several years to reach an agreement, and
WHEREAS, that committee has recommended that the City endorse the
compensation agreement, and
WHEREAS, it is in the interests of surrounding properties to have
a compensation plan in place in the event that future negative
impacts are incurred by those properties, and
WHEREAS, this agreement has been reviewed and recommended by the
Tompkins County Solid Waste Committee and former Mayor Nichols;
now, therefore, be it
17
March 6 , 1996
RESOLVED, That the Mayor be autho ized to execute the compensation
agreement with Tompkins County reg rding the County Solid Waste and
Recycling facility.
Extensive discussion followed on he floor regarding the proposed
compensation agreement with the C unty.
A vote on the resolution resulted as follows :
Carried Unanimously
Report on Priorities for Cit -Cor ell Committee
Alderperson Efroymson reported that the long-term priorities of the
City-Cornell Committee include : increasing the number of bunkers in
the Fire Department; providing reasonable access to Cornell
libraries for the community; provi e assistance and access to youth
services, specifically recreational events, program facilities,
summer jobs; assistance for youth to attend Cornell .
Alderperson Efroymson further stated that the following items are
being discussed with Cornell departments : off-campus housing;
providing assistance to the Building Department; economic
development initiatives; cooperation and assistance to City
departments; tutors for civil ser ice exams; financial investment
possibilities in the community.
Report on City Code Referendum Issue
Alderperson Efroymson reported that the City Attorney' s Office will
be conducting research regarding sections of the City Code which
may need to be approved by public referendum. City Attorney
Geldenhuys has reported that items going to public referendum need
to be filed with the Board of El.e tions at least sixty days before
the election.
Alderperson Efroymson further rep rted that the Law and Governance AMOK
Committee will be considering thi matter at the June meeting.
City Attorney Guldenhuys noted th t her office will compile a list
of the pertinent legislation f r discussion by the Law and
Governance Committee .
Report on Computer Issues
Alderperson Efroymson reported th t the City currently has a page
on the Internet, which includes i formation on meetings, etc.
BUDGET AND ADMINISTRATION COMMITT E:
* 19 . 1 Finance Chamberlain - Request Approval of Partial Waiver of
Tax Penalty
By Alderperson Shenk: Seconded b Alderperson Thorpe
WHEREAS, the property owner at � 201 East Tompkins Street has
requested an expungement of penalties on school tax bills, and
WHEREAS, the City Chamberlain and Budget and Administration
Committee have reviewed the request and supporting documentation
and have determined that a portion of the total tax penalty of
$235 . 55 should be waived; now, therefore, be it
RESOLVED, That the City Chamberlain is hereby authorized to waive
$112 . 90 of the total $235 . 55 tax enalty for the property owner at
201 East Tompkins Street .
Carried Unanimously
I
* 19 . 2 Finance Chamberlain - ReCRLest to Extend County Tax Warrant
By Alderperson Shenk: Seconded b Alderperson Gray
RESOLVED, That the City Chamberlain be authorized to request the
County of Tompkins to extend its warrant for collection of the 1996
taxes until May 31, 1996 .
Carried Unanimously
1�
1.9
March 6 , 1996
* 19 .3 Finance/Chamberlain - Request to Deny Waiver of Tax Penalty.
By Alderperson Shenk: Seconded by Alderperson Johnson
WHEREAS, the property owner at 111 Cascadilla Park has requested an
expungement of penalties on the 1995 first installment of taxes,
and
WHEREAS, the City Chamberlain and Budget and Administration
Committee have reviewed the request and supporting documentation
and have determined, based on New York State Real Property Tax Law,
that the fai-lure of payment of taxes within the due date results in
the collection of taxes and related penalties; now, therefore be it
RESOLVED, That the request for tax penalty waiver be denied.
Carried Unanimously
* 19.4 DPW/Water & Sewer - Request to Temporarily Reduce Staff
Support Hours
By Alderperson Shenk: Seconded by Alderperson Marcham
WHEREAS, Paige Rumsey, since returning from maternity leave, is
working 14 . 5 hours per week at her position as Account
Clerk/Stenographer and 17 . 5 hours per week out-of-title as a
Principal Account Clerk, in Joanne Phillips' absence, and
WHEREAS, Joanne Phillips, since covering for Paige Rumsey after her
own maternity leave is working 20 . 0 hours per week, and
WHEREAS, Beverly Klinko is currently working 16 . 0 hours per week as
a temporary Account Clerk/Typist, and
WHEREAS, the current arrangement was developed with the cooperation
of the city to accommodate families, retain job skills, provide
cross training, and currently does so at less expense to the city,
and
WHEREAS, the department is able to accommodate these particular
arrangements; now, therefore, be it
RESOLVED, That Paige Rumsey and Joanne Phillips be allowed to
continue to work reduced hours, and be it further
RESOLVED, That the 1996 Water and Sewer Personnel Roster be
temporarily amended by reducing the full-time positions of Account
Clerk/Stenographer and Principal Account Clerk from 35 hours per
week to 32 and 20 hours per week respectively, through December 31,
1996, and be it further
RESOLVED, That the temporary Account Clerk/Typist position continue
to be established for up to 24 hours per week through December 31,
1996 .
Carried Unanimously
*
19 .5 Planning and Development - Request to Appropriate Capital
Reserve Funds for Parking Study
By Alderperson Shenk: Seconded by Alderperson Marcham
WHEREAS, the Planning Department has recommended that a joint
City of Ithaca and Cornell University Parking Study be performed to
provide the City and Cornell with parking data of the neighborhoods
surrounding Cornell University, and
WHEREAS, the Planning Department has requested and received
proposals for the proposed parking study and is recommending to
hire the Transportation and Traffic Engineering Consulting firm of
Travers Associates from Clifton, New Jersey, and
WHEREAS, the proposed Parking Study is estimated at a total cost
not to exceed $62 , 000 . , which includes; preliminary evaluations,
confirmation of field conditions, parking surveys ,by use of aerial
19
20
March 6 , 1996
photographs, evaluation of parking needs, recommendations,
meetings, and a summary report, and
WHEREAS, Cornell University will split the total cost of the survey
with the City of Ithaca with the city' s share of the project not
exceeding $31, 000 . ; now, therefore, be it
RESOLVED, That an amount not to exceed $31, 000 . be derived from
Capital Reserve #14 Parking Areas for the purposes of funding the .ow
City' s share of the joint City of Ithaca and Cornell University
Parking Study.
Carried Unanimously
*
19 . 6 Attorney Recruest Funds gor Cost of Litictation Transcript
By Alderperson Shenk: Seconded by Alderperson Hanna
WHEREAS, the City Attorney' s Office had to produce transcripts of
meetings of the Ithaca Landmarks Preservation Commission and the
Planning and Development Board in connection with Heritage
Coalition, et . al . v. City of Ithaca and Cornell University, and
WHEREAS, the Court schedule did not allow sufficient time for
production of these transcripts by City staff, and
WHEREAS, the City Attorney' s Office has estimated the cost for the
transcripts at $436 . 00; now, therefore, be it
RESOLVED, That an amount not to exceed $436 . 00 be transferred from
Account A1990 Unrestricted Contingency to Account A1420-435 for the
purpose of funding said transcripts .
Carried Unanimously
* 19 .7 Attorney - Recxuest to Apptove Offer of Settlement from New
York State for Appropriation of City Property by Eminent Domain
(Meadow Street Arterial Project)
By Alderperson Shenk: Seconded by Alderperson Gray
WHEREAS, the State of New York in connection with the Meadow Street
Arterial Project has, pursuant to Section 30 of the Highway Law and
the Eminent Domain Procedure Law, appropriated certain parcels of
land owned by the City of Ithaca, including Parcel 57 on Map 42 ,
and Parcel 74 on Map 56 of the Meadow Street Arterial Project, and
WHEREAS, the State of New York has appraised the real estate
interest it is appropriating and has made to the City an offer in
the amount of $37, 800 . for the real estate interests, which offer
is more particularly set forth in the agreement of adjustment and
for advance payment, and
WHEREAS, this Council has considered the values of property which
is being appropriated by the State of New York, and
WHEREAS, this Council has concluded that the offer made by the
State of New York is equal to the full value of this property; now,
therefore, be it
RESOLVED, That the Mayor, subject to the advice of the City
Attorney, is authorized to sign the agreements for advanced payment
and such other documents as may be necessary to effectuate the
transfer of these properties to the State of New York and secure to
the City of Ithaca compensation for these properties .
City Attorney Geldenhuys stated that this parcel is part of the
Mancini property that the City acquired by eminent domain. She
further stated that the value beikig offered is reasonable based on
the original purchase price . City Attorney Geldenhuys noted that
this appropriation will not remove the street access to the parcel .
A vote on the resolution resulted as follows :
Carried Unanimously
20
21
March 6 , 1996
* 19 . 9 Finance/Controller - Request Approval of City/County Sales
Tax Agreement
By Alderperson Shenk: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca is a part of Tompkins County and
persons owning real property in the City of Ithaca pay not only
City taxes to the City, but also pay County taxes to the County,
and
WHEREAS, the City provides certain services which benefit not only
City residents but also residents of the County who reside outside
the City limits, including but not limited to transit services,
police protection, roads and bridges, parks recreation, youth and
human services, and others, and
WHEREAS, the City also provides certain services which are paid for
out of the City' s general funds which are similar to services
provided in the towns and villages that are paid for wholly or
partially out of County general funds to which City residents
contribute, and
WHEREAS, the County has received the City' s support for New York
State legislation which has authorized the County to charge,
through November 30, 1997, an additional one percent for local
sales taxes, producing a total local sales tax of four percent, and
WHEREAS, the City and the County entered into an agreement dated
March 18 , 1993 , pursuant to which the County agreed to pay over to
the City of Ithaca for the period 12/1/93 - 11/30/94 the sum of
$825, 000 for selected services provided by the City which benefit
residents who reside outside the City as well as for services to
town and village residents which are paid for in whole or in part
by County funds while similar services are paid for in the City by
City funds, and
WHEREAS, the abovementioned March 18, 1993 agreement also provided
that the City and the County would develop mechanisms for more
efficient consolidation of services and followed through on this by
negotiating an amendment to the March 18 , 1993 agreement with
respect to human services funding which was dated November 8 , 1993 ,
have negotiated a draft agreement with respect to youth services,
and have participated in consolidation planning for transit
services, and
WHEREAS, it is therefore now possible, as intended by the March 18 ,
1993 agreement to revise that agreement to provide an overall
mechanism by which the County will contract with the City for human
services, youth services, and transit services, and
WHEREAS, the City wishes to further the spirit of cooperation
between the City and the County; now, therefore, be it
RESOLVED, That the Mayor is hereby authorized to enter into the
agreement dated March 6 , 1996 with the County of Tompkins for said
sales tax agreement, and be it further
RESOLVED, That the City of Ithaca' s support for the New York State
legislation for the additional one percent for local sales taxes is
provided in consideration of the County of Tompkins' agreement to
provide payment of certain sums to the City of Ithaca and by the
City of Ithaca for services which the City provides, as outlined in
said agreement, such sum shall increase or decrease from $867, 323
in 1996 based on the percentage change in the reconciled
distribution of sales tax proceeds as outlined in said agreement
and to be adjusted in subsequent years as outlined in said
agreement, and be it further
RESOLVED, That the Mayor is hereby authorized to take all
appropriate steps to effectuate the terms of such agreement .
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20
March 6 , 1996
City Controller reported to Counc l regarding changes made to the
agreement, and answered questions from Council members .
A vote on the resolution resulted as follows :
Carried Unanimously
*
19 . 10 DPW/Finance Request to' Amend 1996 Budget for City Golf
Course Activity
By Alderperson Shenk: Seconded hV Alderperson Johnson
WHEREAS, the Board of Public Wo ks has undertaken a program to
consolidate the golf course opera ions for 1996 and beyond, and
WHEREAS, bids were sent out to lea�e the food and beverage and Golf
Pro concessions portions of the gplf course for 1996 , and
WHEREAS, no bids were received prompting a need to examine the golf
course operations for 1996 and ! making the appropriate budget
adjustments; now, therefore, be it
RESOLVED, That the 1996 operatinV budget for the golf course be
amended as follows :
Increase Revenue Account :
A2013 Golf Course Concession $31, 700
Increase (or deletion of) Ap ropriation Accounts :
A7250120 Part-time Seasonal ($2 , 000)
A7250-410 Utilities 5, 900
A7250-465 Concessions 26 , 300
A7250-475 Property! Maintenance 1, 500
and be it further
RESOLVED, That the golf i.
subcom ttee meet with City staff to
examine and establish a five year plan for the golf course,
including and not limited to rebidding concessions and leasing out
the entire golf facility and operations, and be it further
RESOLVED, That the Common Council directs staff to continue to make
appropriate golf club house building renovations as approved in the
1996 Budget .
Carried Unanimously
NEW BUSINESS•
Resolution in Honor of Harlin Mc wen
By Alderperson Marcham: Second d by Alderperson Gray
WHEREAS, Harlin R. McEwen served the citizens of the City of Ithaca
as their Police Chief from Octo er 24 , 1988 , until February 16 ,
1996 , and
WHEREAS, Chief McEwen served the City with distinction, dedication,
tireless energy and courtesy, and was attentive to the needs of
both the public and his department, and
WHEREAS, Chief McEwen has improv4d the department' s operations by
promoting sound administration, community policing, the hiring of
more women and minorities, techni al progress including the use of
computers, and other advances ton numerous to mention, and
WHEREAS, Chief McEwen has oducated public officials in
understanding how the police dep rtment operates, and has earned
greater respect for the department from the general public, and
WHEREAS, the Federal Bureau o ' Investigation, in an unusual
exercise of its powers of detecti;n, has recognized this small-city
Police Chief' s uncommon talents Iiin leadership and technology and
has hired him away as the FBI' s deputy assistant director in charge
of Criminal Justice Informations Services, now being modernized
through the use of nationwide computer networks, and
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March 6 , 1996
WHEREAS, 227 of Chief McEwen' s close friends, family members and
colleagues from the City, County, Village of Cayuga Heights, New
York State Division of Criminal Justice Services, and Central New
York and New York State Association of Chiefs of Police, all of
which he has served in leadership positions, along with top State
officials from the New York State Police, Drug Enforcement
Administration and the FBI , gathered here on March 2 , 1996 , at a
farewell dinner in his honor; now, therefore, be it
RESOLVED, That the members of Ithaca' s Common Council regret Harlin
McEwen' s departure but share his enthusiasm and confidence as he
faces new challenges in Washington, D.C. , wishes him success in his
new position at the FBI (shape ' em up, Mac ! ) and award him the
title of Honorary Resident of the City of Ithaca.
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Blumenthal : Seconded by Alderperson Shenk
RESOLVED, That Common Council adjourn into Executive Session at
11 : 30 p.m. to discuss personnel matters and contract negotiations .
Carried Unanimously
RECONVENE:
Common Council reconvened into Regular Session at 11 : 55 p .m. Mayor
Cohen announced that the CSEA Administrative Unit Labor Contract
was discussed, and no action was taken.
Mayor Cohen further reported that a Workers Compensation claim was
discussed, and Common Council introduced the following Resolution:
Request to Permit City Attorney/Personnel Administrator to Settle
Workers Compensation Claim
By Alderperson Shenk: Seconded by Alderperson Johnson
RESOLVED, That the City Attorney be hereby authorized to settle
a Workers Compensation claim, involving Police Department personnel
Thomas Yetzer, with the City' s Workers Compensation Insurance
Company, General Accident, in an amount not to exceed $14 , 746 .
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11 : 58 p.m.
Julie Conley Holcomb Alan J./Cohen
City Clerk Mayor
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